Vote: approved

Item Text

1. Approve a motion by the Board of Supervisors to take back its authority to direct and control the prosecution, defense and compromise of all civil legal actions to which the County is a party or has an interest by: (1) directly hiring and managing all legal counsel for the purpose of defending, initiating, prosecuting and compromising all civil legal actions and litigation to which the County is a party or has an interest; (2) delegating such hiring and management to the County Manager; (3) directing the County Manager to take any such steps as are needed to implement this action (for instance, establishing a review committee that makes recommendations to the County Manager for cost efficient or otherwise improved litigation management practices and procedures) and manage the transition from the present method of hiring and managing legal counsel to a new method approved by the County Manager; (4) appointing Shughart, Thomson & Kilroy, PC, previously appointed by the Board on December 5, 2008, as its Special Counsel for the filing of any actions necessary as a result of any conflict with the County Attorney, and to provide all necessary legal advice related to the conflict of interest issue, to now provide all necessary legal advice and support required by the Board of Supervisors and/or County Manager to implement and defend the action taken by the Board of Supervisors regarding this Agenda item; and (5) authorizing the County Manager to appoint additional legal counsel as needed to implement and defend the action taken by the Board of Supervisors regarding this Agenda item. (C-20-09-040-3-00)

Attachments (4)

Vote: approved

Item Text

30. ROAD FILE MATTERS In accordance with the Board’s action of December 23, 2008 (C-20-09-040-3-00) in which the Board reasserted its authority to direct and control all litigation in which Maricopa County is a party or has an interest, direct that in all “Road File” matters the General Litigation Department is hereby authorized to and shall initiate and prosecute any necessary actions and proceedings in the manner required by law to condemn all property required for right-of-way which cannot be obtained by donation or purchase. This action applies to all active Road File cases and resolutions and supersedes any prior directives concerning Road File related condemnation actions, including those in which the County Attorney had previously been authorized to take those actions. On March 16, 2009 (C-49-09-051-M-00) the Board of Supervisors approved the creation of a new department entitled General Litigation (Department 330). (C-20-09-050-M-00)